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originally posted by: Starbuck799
a reply to: FamCore
First, this is the rant forum, and it's a great rant.
Now, I don't know what the laws are in your State, but this is how it works in Toronto. You must give 60 days notice to leave. If you leave before that and don't pay for the full 60 days, you are still libel for the 60 days worth of rent. But, if the landlord rents the place in the interim, (like you left in 30 days and the landlord rents the place for the missing 30 days), you are not libel for that extra 30 days rent. Plus, if the landlord did not rent it in that 30 day window, he must prove to the courts that he did everything possible to rent it. If he does not prove that in court, you are not libel for the extra rent. Very hard to prove.
This is what you should do. I'm gonna get flamed for this, but I don't care. Find another place. Not matter what, this situation will not go away, you have to leave. So... find another place, lets say it's for Oct 1st. Give him 60 days notice on Aug 1st. Pay him rent for August, but don't pay him for Sept. When he asks for Sept's rent, give him some kind of story like your are having trouble with the bank but will get the money to him as soon as possible. Don't ever pay him for Sept. Move Oct 1st. 1 months free rent for you. F Him! Now, he could come after you in court for the money you owe him. But the chances of him doing that is very remote, as it will cost him more to sue you for the money than he would win, and there is very little chance that he will win. Plus it will take a long time. He will most likely just eat the months rent.
People might say, "Ya, but what if the landlord wins in court plus he wins court costs. Then I'm in for more money than if I paid in the first place." No. In court, for a claim this small, courts almost never reward courts costs. And even if they do, it's small. And the courts for a case this small would also almost for sure never reward the landlord's lawyers fees, which would be way above the money you owe him in about 4 hours of lawyers fees. So he will not come after you. So even if he does win in court, and the court awards him the 1 months rent? What have you lost? Nothing. The worst that will almost for sure happen is that you have to pay the 1 months rent. Even that will almost for sure not have to be paid, as he will have to come after you for the money = even more costs to him. In the end it is not worth his time and money to come after you for the 1 months rent no matter what happens.
Peter_Kandra said: How I handled this was if the security deposit covered any damages AND unpaid rent, late fees, utilities, etc. then it was a wash. If they still owed money, I'd file a small claims suit. It cost me $22 of something like that in NJ. 9 times out of 10, the tenant wouldn't show up for court (no forwarding address, etc.), so I would get a default judgement. That now follows the tenant around. If they ever go to buy property or anything, it shows up and needs to be paid off.